House Democrats and Republicans reached an agreement to fund the U.S. Government through 2016; however, the bill includes several provisions including one that effects the Visa Waiver Program.

The Visa Waiver Program applies to 38 partner countries including England, Australia, Chile, Japan, Spain and Taiwan among others. The program facilitates tourism and business and allows citizens of partner countries to travel to the United States for up to 90 days without obtaining a visa. In exchange the partner countries agree to share information about potential threats to national security.

The riders included in the spending bill would restrict access to the waiver program, making it difficult for citizens of those countries who have traveled to Syria, Iraq, Iran or Sudan — or citizens with dual citizenship between partner countries and those nations — to enter the U.S.

We recently received an extension approval for an O-1 Visa for one of our ballet dancer clients. We originally obtained the O-1 three years ago. We filed for the extension and received the approval within less than two weeks.

We provided updated evidence to show that our client was still performing at an elite level including recent dance activity and the 2016 itinerary. USCIS approved the extension for one year.

We just received an approval for an I-485 application for adjustment of status that we filed earlier this year. We represented our client in obtaining U visa status in 2012. Three years after he obtained the U visa, he was eligible to adjust status to lawful permanent resident.

We filed the I-485 and a few months later we received a request for evidence claiming that our client was ineligible to adjust status because he had entered the United States with fraudulent intent – he entered as a naval vessel crewman however he intended to stay in the US permanently.

In response we provided ample evidence showing that our client had entered the US many times as a crewman and always left the US voluntarily. On his last entry as a crewman, he was told he was not medically/physically able to perform the duties of a crewman and the ship refused to employ him so our client remained in the US – he did not have the intent to stay in the US when he entered.

USCIS agreed with our evidence and approved the case. Our client can now remain in the US and live here with his wife and two children. The can continue to run their small business in Texas with the knowledge that they will never have to leave.

We recently received an approval for an employment-based 245i adjustment (EB-3 category). We filed for adjustment of status two years ago; however, at the I-485 interview the USCIS officer advised that our client had a prior deportation order from 20 years ago. Apparently he hired a notario to assist him in obtaining work authorization. Unbeknownst to our client, the notario applied for asylum, our client was placed in immigration court without notice and he was ordered deported in absentia.

Because of the prior removal order, USCIS could not approve the I-485.

We filed a motion to reopen the prior removal order based on failure to serve our client and the immigration judge granted it. Then, we filed to terminate proceedings so the removal order would not effect a future adjustment of status filing.

Once the deportation order was out of the way, we re-filed the I-485 adjustment and re-paid the fees. The interview went smoothly. We provided evidence that our client was working for his current employer as a production plant manager and that he was eligible for adjustment under 245i. We also filed adjustment for his wife as a derivative. The USCIS officer was thorough in her examination and respectful in her questioning of our client, and the case was granted. Now the couple plans to file for their child's immigrant visa.

If you are considering adjustment of status, contact Nelson & Nunez to schedule a consultation. We routinely handle complicated immigration matters and we can help you better understand what steps need to be made in order to obtain permanent residency.